• ALERT Date: October 1, 2008 Person/institutions: The Post newspaper/Fred M’membe Violation: Charged On September 30, the Lusaka High Court allowed Acting President Rupiah Banda to commence contempt of court proceedings against The Post newspaper’s managing editor, Fred M’membe, for defying a court injunction that restrained the media organisation from publishing alleged libellous words against him. The Zambia Daily Mail reported that High Court Judge Charles Kajimanga has granted Banda an application for leave to start proceedings following an application filed by the acting president’s lawyer, Christopher Mundia. In a statement of claim, Mundia alleged that The Post had on several dates carried out unjustified, unprovoked and libellous statements against Banda. • ALERT Date: October 1, 2008 Person/institutions: The Post Violation: Threatened On October 1, Information and Broadcasting Services Minister Mike Mulongoti reiterated his earlier threats to close down the privately owned Post if it does not co-operate with the government and courts of law. Speaking in the western province of Zambia on Mongu’s radio Lyambai good governance programme sponsored by MISA Zambia, Mulongoti said the government would use laws in the statute books to stop the newspaper operating. “When you have a part of the media which even when they are taken to court they still continue to act with impunity, what are you saying? What you are encouraging is that people should take the law into their own hands. We cannot allow that,” said Mulongoti. MISA Zambia chairperson Henry Kabwe has expressed concern at the threats and urged the minister to desist from issuing any further threats that undermine media freedom and freedom of expression of citizens. • ALERT Date: October 3, 2008 Person/institutions: The Post Violation: Censored On October 3, The Post’s managing editor Fred M’membe lost the case in which he wanted the contempt of court charge against him to be dismissed. Zambia President Rupiah Banda filed contempt of court charge against M’membe for continuing to publish comments, which he alleges were libellous, even after an injunction was granted to stop such publications. • ALERT Date: October 14, 2008 Person/institutions: State-owned media Violation: Other The Anti-Rigging Zambia civic grouping has sued the public media, the Electoral Commission of Zambia (ECZ) and the Attorney General for alleged unbalanced coverage, The Times newspaper online reported on October 14. The organisation has sued the Zambia National Broadcasting Corporation (ZNBC), Times Printpak, Zambia Daily Mail, the ECZ and the Attorney-General as first, second, third, fourth, and fifth respondents. Anti-Rigging Zambia lawyers claim the allocation of unequal public air time on ZNBC radio and television to some political parties, particularly the opposition, was contrary to the provisions of section 13 of the Electoral Code of Conduct. So This Is Democracy? 2008 -122- Media Institute of Southern Africa